temporary permissions. The Local Plan and the emerging Unitary Development Plan for the Cicy of Westminster placed great emphasis on the conversion of such property back into residential use, except where it was not possible or where it would affect the special quality of a listed building, and provided that it would result in acceptable residential accommodation. 48 Park Street was the subject of a s 106 agreement requiring the first floor co be converted back to residential use; and the freeholders sought unsuccessfully a further temporary permission to use che first floor as offices. At appeal, the inspector concluded that there were no special circumstances justifying an exception to the normal policy, and refused permission. The applicant appealed. David Keene QC, sitting as deputy judge, noted the two statutory provisions outlined above, and concluded that, in this case, it was clear that the inspector had applied s 54A, buc far from clear that he had applied s 66. On the balance of probabilities, therefore, the inspector was in breach of his statutory duty under the Listed Buildings Act, and his decision should be remitted for reconsideration. This decision highlights the problems arising where there are several statutory test applicable; it is important for decision makers not merely to select the one they prefer. The same would obviously apply where the duty under s 54A has to be considered along with that under s 72 of the Listed Buildings Act (preservation or enhancement of conservation areas). Ic would also apply where development affects a building that is both listed and in a conservation area - so that the duties under s 66 and 72 would both be relevant. PREVIOUS DECISIONS Here the balance is between what might be desirable in an ideal world and what can be achieved in real life, where decision makers must take into account existing decisions and commitments - which might now be regretted - as well as the human and other problems of chose involved. The case, Gwinnell v SSE [1994] EGCS 81 (judgment 28 April 1994), concerned a pair of listed semi-detached houses in Almeida Street, Islington. Boch were owned by a couple in ill-healch, and listed building consent had been granted in 1989 for the making of an opening in the party wall between the back rooms of the two houses, to enable the two neighbouring ground floors to be used together as a single unit. A further consent was granted in 1990 for an opening between the front rooms - but, this time, subject to a condition chat ic should be blocked up at the end of five years or after the applicants vacated the house, whichever was the longer. The applicants appealed against the condition, but the inspector dismissed their appeal, feeling that the condition was reasonable as a balance between a desire to secure the long-term preservation of the building and a compassionate concern for particular physical needs. The applicants appealed. Nigel Macleod QC, sitting as deputy judge, allowed the appeal. He considered chat, by refusing to life che condition, the inspector had been defending a principle - the integrity of the listed building - char could be breached by che implementation of the earlier permission (which had had no condition). He was clearly aware of the earlier permission, which had indeed formed a major part of the appellants' case on appeal, bur chose to determine the appeal solely on the merits of the current application. The right approach was co consider the likelihood of the fallback position coming into play (see Snowden v SSE [1980] JPL 749); this the inspector had failed to do, and his decision should thus be quashed. HISTORIC JOINERY RESTORATION & CONSERVATION Tankerdale specialise m the Restoration and Conservation of historic panelling, Architectural woodwork and Joinery. Detailed reports, surveys and drawings prepared. S!BLAISE We work frequently for the National Trust and English Heritage, and also with Architects, Museums and Private clients. R E P A I R T 0 OLD· BUILDINGS Fine Conservation and Consultancy Stonemasonry . Ornamental Plasterwork . Fine Joinery . Traditional Materials . Leadwork . St Blaise Ltd. Westhill Barn, Evershot, Dorchester, Dorset. DT2 OLD TEL: 01935 83662 FAX: 01935 83017 CONTEXT 44 Furniture & Historic Woodwork Advisors to ~ The National Trust John Hartley or Hugh Routh TANKERDALE LIMITED The Old Forge Sheet Petersfield Hanes GU32 ZAQ Fax: 01730 233922 Tel: 01730 233792 31
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